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City Council

May 20, 2024 ·6:00 PM Final

City Hall | Council Chamber 757 N. Galloway Avenue | Mesquite, Texas

Agenda PDF Minutes PDF 📹 Watch video Official record ↗

Agenda — 55 items

  1. 1 Members of the public desiring to speak during Citizens Forum may complete a registration card, which is available at the entrance to the City Council Chamber, and present it to the City Secretary prior to the meeting or pre-register by sending an email, including name, address and subject to be discussed, to the City Secretary at sland@cityofmesquite.com by 3:00 p.m., on May 20, 2024.
  2. 1 Present: Mayor Daniel Alemán, Jr., and Councilmembers B. W. Smith, Jeff Casper, Kenny Green, Elizabeth Rodriguez-Ross and Brandon Murden, Assistant City Manager Raymond Rivas and City Secretary Sonja Land. Absent: Councilmember Tandy Boroughs and City Manager Cliff Keheley.
  3. 2 PRE-MEETING - TRAINING ROOMS A&B - 6:00 P.M.
  4. 3 AGENDA REVIEW
  5. 4 STAFF PRESENTATIONS
  6. 1 Receive briefing regarding the proposed Downtown Overlay ordinance. 24-7187
  7. 6 (Any staff presentation not completed prior to the City Council Regular Meeting in the City Council Chamber at 7:00 p.m. may be presented and considered in the City Council Chamber following the Regular Meeting.)
  8. 7 EXECUTIVE SESSION - COUNCIL CONFERENCE ROOM - 7:30 P.M.
  9. 8 In accordance with Chapter 551 of the Texas Government Code, the City Council reserves the right to adjourn into executive session to discuss any of the following: • Pending and/or Contemplated Litigation • Purchase, Exchange, Lease or Value of Real Property • Personnel Matters • Economic Development
  10. 9 REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 7:00 P.M.
  11. 10 INVOCATION
  12. 11 Jones Doughton, Pastor, First Presbyterian Church, Mesquite, Texas.
  13. 12 PLEDGE OF ALLEGIANCE
  14. 13 Members of the Mesquite Citizens Police Academy Alumni Association in honor of National Police Appreciation Week.
  15. 13 3. Mr. Green invited citizens to attend a District 2 Picnic on Saturday, June 1, 2024, at 11:00 a.m., at Florence Recreation Center, 2501 Whitson Way. 4. Ms. Rodriguez-Ross encouraged citizens to attend the next Town Hall Meeting on Tuesday, May 28, 2024, at 6:30 p.m., at City Hall, 757 North Galloway Avenue, in Training Rooms A & B. Representatives from the Mesquite Police Department, Mesquite Fire Department and Neighborhood Services will share information and answer questions in English and Spanish and free dessert will be offered to those who attend in person. The meeting will be live streamed on the City’s Facebook account. Visit www.cityofmesquite.com/TownHallTuesday to learn more or submit questions in advance. 5. Ms. Rodriguez-Ross invited citizens to attend a District 3 Picnic on Saturday, June 8, 2024, at 11:00 a.m., at KidsQuest Pavilion at DeBusk Park, 1625 Gross Road. 6. Mr. Smith stated that the City is hosting the Eclipse Glasses Roundup through Monday, July 15, 2024, to collect gently used solar glasses. They will be donated to Astronomers Without Borders to send to places around the world that have eclipses coming up. You can turn in your solar glasses at either of the Mesquite Public Libraries, City Hall, Municipal Center or any of the City’s Recreation Centers. Glasses that have scratched, ripped or punctured lenses or detached solar filters from the frame cannot be recycled and should be discarded. Learn more at www.cityofmesquite.com/EclipseGlassesRoundup. 7. Mr. Smith stated that he recently posted a picture on his Facebook page of four generations of Smith’s which included his first Great-Granddaughter, Wren Lynette Smith, who was born four weeks ago. 8. Mr. Murden announced the Dive-In Movie on Friday, June 7, 2024, from 7:00 p.m. to 10:00 p.m., at City Lake Aquatic Center, 200 Parkview Street. Pre-movie activities include fun pool games for all ages with prizes. The movie, Disney-Pixar’s “Elemental,” will begin at sundown. Admission is limited to the first 500 people. 9. Mr. Murden stated that Family Fish got rained out in April but it’s been rescheduled for Saturday, June 15, 2024, from 9:00 a.m. to Noon, at City Lake Park, 200 Parkview Street. The first 100 kids will receive a free fishing rod while supplies last. 10. Mr. Murden invited citizens to a District 6 Picnic on Saturday, June 8, 2024, at 11:00 a.m., at Rorie-Galloway Day Camp, 3100 Lawson Road. 11. Mayor Alemán announced the Mesquite Mayor 1,000 Page Reading Challenge program will run from June 1, 2024, to July 31, 2024, and includes lots of prizes, ending with a pizza party for those who make the 1,000-page goal. The program is part of the Mesquite Public Library’s Summer Reading Club for kids ages 12 and under. The program kick-off parties launching the Summer Reading Club will be held at on Saturday, June 1, 2024, at 10:30 a.m., at the North Branch Library, 2600 Oates Drive, and on Monday, June 3, 2024, at 10:00 a.m., at the Main Library, 300 West Grubb Drive. 12. Mayor Alemán invited citizens to attend the City’s Remembrance Service on Memorial Day, Monday, May 27, 2024. The brief program will be held at the Mesquite Veterans Memorial, 425 South Galloway Avenue. Men and women who died while serving in the United States Armed Forces will be honored by reading the names of Mesquite heroes on the memorial and by participating in the National Moment of Remembrance at exactly 3:00 p.m. Attendees are encouraged to arrive no later than 2:50 p.m. to allow time to park and enter the memorial area. The service will begin at 2:55 p.m.
  16. 14 SPECIAL ANNOUNCEMENTS
  17. 15 1. Mr. Casper announced Addressing Mesquite Day will be held on Saturday, October 5, 2024. For 20 years, this annual day of service has changed the lives of thousands of Mesquite homeowners and their families. If you know someone who needs assistance with exterior house or yard projects, encourage them to complete an Addressing Mesquite Day request form. Projects could include painting, landscaping, building a ramp or tearing down an old shed. The last day for homeowners to submit applications for assistance is Friday, June 28, 2024. The last day for volunteer groups to sign up is Friday, July 26, 2024. Find out more at www.cityofmesquite.com/AMD. 2. Mr. Green announced that Keep Mesquite Beautiful, Inc., awarded $3,300.00 in grants to seven local schools to promote environmental education and hands-on experiences. Grants were awarded to McWhorter Elementary School, Horn High School, McDonald Middle School, Pioneer Technology & Art Academy (Mesquite Campus), Tisinger Elementary School, Wilkinson Middle School and Seabourn Elementary School.
  18. 15 Approval of the Consent Agenda Approved on the Consent Agenda Pass
  19. 16 CITIZENS FORUM
  20. 17 At this time a number of citizens not to exceed 10 shall be allowed to speak on any matter other than items on the agenda, personnel matters, matters under litigation or matters concerning the purchase, exchange, lease or value of real property for a length of time not exceeding three minutes on a first-come, first-served basis. Citizens addressing the Council through a translator will be allowed six minutes. No Council action or discussion is to be taken until such matter is placed on the Agenda and posted in accordance with law.
  21. 18 CITIZENS COMMENTS
  22. 19 At this time, any individual wishing to discuss any matter on the agenda shall be allowed to speak for a length of time not exceeding three minutes on a first-come, first-served basis. Citizens addressing the Council through a translator will be allowed six minutes. Anyone desiring to speak on an item scheduled for a public hearing is requested to hold their comments until the public hearing on that item.
  23. 20 CONSENT AGENDA
  24. 21 (All items on the Consent Agenda are routine items and may be approved with one motion; however, should any member of the Council or any individual wish to discuss any item, said item may be removed from the Consent Agenda upon request by a City Councilmember.)
  25. 2 Minutes of the regular City Council meeting held May 6, 2024. 24-7193 Approved Pass
  26. 3 An ordinance amending Chapter 5 (Buildings and Construction), Article V (Construction of Fences, Section 5-143 (Height Restrictions) of the City Code for the purpose of providing updated regulations for side yard fence setbacks. 24-7188 Approved Pass
  27. 4 A resolution authorizing the Mayor to execute the First Amendment to the Lower East Fork Wastewater Interceptor System (LEFIS) Contract with the North Texas Municipal Water District (NTMWD). 24-7168 Approved Pass
  28. 5 A resolution authorizing the Mayor to execute a Certification Agreement for the Certified Local Government Program and officially appointing a Historic Preservation Officer. 24-7190 Approved Pass
  29. 6 A resolution adopting the City Council’s Strategic Goals and Objectives for Fiscal Year 2024-2025. 24-7196 Approved Pass
  30. 7 Bid No. 2024-119 - Purchase of a New 2024 Horton Model 603 Ford F-550 Chassis Ambulance. (Staff recommends award to Southern Emergency Rescue Vehicle Sales (SERVS), through the Houston-Galveston Area Council of Governments Cooperative Purchasing Program (HGAC Buy) Contract No. AM10-23, in an amount not to exceed $368,763.00.) 24-7175 Approved Pass
  31. 8 Bid No. 2024-122 - Purchase of MPD Rifle Plates Replacement (Staff recommends award to Rules of Engagement (ROE) Tactical, through BuyBoard Contract No. 698-23, in an amount not to exceed $258,561.00.) 24-7176 Approved Pass
  32. 9 Appoint Terry Anderson to the North Texas Municipal Water District Board of Directors for a term to expire May 31, 2026. 24-7117 Approved Pass
  33. 30 APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES
  34. 30 Mayor Alemán announced that the City Council would meet in Executive Session pursuant to Section 551.071 of the Texas Government Code to conduct a private consultation with its attorney related to pending or contemplated litigation; a settlement offer; and issues in which there exists a duty of the City Attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas (Receive update on pending litigation cases); whereupon, the City Council proceeded to meet in the Council Conference Room. After the closed meeting ended at 8:20 p.m., the City Council reconvened in Open Session. No executive action was necessary.
  35. 10 Consider appointment of one Regular Member (Position No. 5) and one Alternate Member (Alternate No. 1) to the Housing Board for terms to expire December 31, 2025, and one Alternate Member (Alternate No. 2) for a term to expire December 31, 2024. 24-7185 Approved Pass
  36. 11 Consider appointment of one Regular Member (Position No. 9) to the Mesquite Downtown Development Advisory Board for a term to expire December 31, 2024. 24-7170 Approved Pass
  37. 32 Attest: Approved: __________________________________ __________________________________ Sonja Land, City Secretary Daniel Alemán, Jr., Mayor
  38. 33 PUBLIC HEARINGS
  39. 34 (City Council may approve a different zoning district than the one requested, except that the different district may not (1) have a maximum structure height or density that is higher than the one requested; or (2) change the uses to include nonresidential when the request is for solely residential uses or vice versa.)
  40. 12 Conduct a public hearing and consider an ordinance for Zoning Application No. Z0324-0353, submitted by Foresite Group, LLC, for a change of zoning from Agricultural to Planned Development - General Retail to allow an auto parts retailer and other uses permitted in the General Retail zoning district, located at 6491 FM 741. (No responses in favor or in opposition to the application have been received from property owners within the statutory notification area. The Planning and Zoning Commission recommends approval with certain stipulations.) 24-7186 Approved Pass
  41. 36 ADJOURNMENT
  42. 37 NOTICE OF EXECUTIVE SESSION
  43. 38 Pending and Contemplated Litigation
  44. 39 Pursuant to Section 551.071 of the Texas Government Code, the City Council will meet in closed session to consider pending or contemplated litigation subjects or settlement offers. The following cases/subjects may be discussed: 1. Anthony Wagner v. City of Mesquite, Texas, Cause No. DC-22-02864 - Filed 03-14-2022; appeal to 5th District Court of Appeals, Dallas, Cause No. 05-22-00826-CV - Filed 08-10-2022 2. City of Dallas, City of Mesquite, et al., v. Disney DTC, LLC, et al., Cause No. DC-22-09128 – Filed 08-03-2022; appeal to 5th District Court of Appeals, Dallas, Cause No. 05-23-00485-CV - Filed 05-19-2023 3. Cesar Nunez-Solis v. The City of Mesquite, Texas, Cause No. DC-22-11631 - Filed 09-06-2022 4. J'Mei Walker, II v. City of Mesquite. Cause No. DC-23-04762 - Filed 04-11-2023 5. State of Texas v. Villa, Cause No. 05-22-00220-CR, pending in the Court of Criminal Appeals, Cause No. PD-0756-23 6. David Briones v. City of Mesquite and Steven Pierce, Cause No. CC-23-05044-E – Filed 08-04-2023 7. April Patton v. City of Mesquite, Cause No. DC-23-14996, Filed 09-13-2023 8. Danny Booker v. City of Mesquite Risk Management, Cause No. DC-23-18301 - Filed 10-25-2023 9. Elgin Singleton v. City of Mesquite, Cause No. DC-23-18152 - Filed 10-25-2023 10. Avery Fuentes v. City of Mesquite, Cause No. DC-23-19555 - Filed 11-20-2023 11. Bethany Hall and Antonio Holmes v. City of Mesquite, et al; Case No. DC-24-00034, Filed 01-02-2024; removed to the United States District Court for the Northern District of Texas, Dallas Division, Case No. 3:24-cv-00231-B, on 01-30-2024 12. Dominick Green v. R. Rose, C. Pabst and the City of Mesquite, Texas, Cause No. 3:24-cv-00337-X, Filed 02-12-2024 13. Mesquite Asset Recovery Group, LLC, et al. v. City of Mesquite, Case No. DC-24-02668, filed in the 191st District Court, Dallas County, Texas, filed February 15, 2024; removed to the U.S. District Court for the Northern District Of Texas, Dallas Division, Civil Action No. 3:24-cv-00740-D, on March 28, 2024 14. Tijuana Richards v. Mesquite Parks and Recreation, Cause No. DC-24-03958, filed March 15, 2024
  45. 40 page break
  46. 41 Personnel Matters
  47. 42 Pursuant to Section 551.074 of the Texas Government Code, the City Council may consider the appointment, evaluation, employment, reassignment, duties, discipline or dismissal of the City Manager, City Attorney, Municipal Court Judge, City Secretary, members of the various City boards and commissions, and City officers or other employees. A complete list of the members of the City boards and commissions is on file in the City Secretary’s office.
  48. 43 Following discussions in executive session, the City Council will reconvene in open session where any final action regarding executive session items will be taken.
  49. 44 The City Council reserves the right to adjourn into executive session at any time during the course of this meeting to discuss any of the matters posted on this agenda, when such executive session is authorized by Texas Government Code Section 551.071 (Consultation with Attorney), 551.072 (Deliberations regarding Real Property), 551.073 (Deliberations regarding Gifts or Donations), 551.074 (Personnel Matters), 551.076 (Deliberations regarding Security Devices or Security Audits) and 551.087 (Economic Development); Texas Tax Code Section 321.3022 (Sales Tax Information) and Texas Government Code Section 418.183(f) (Emergency Management).
  50. 45 The City Hall is wheelchair accessible. Any requests for sign interpretive services must be made 48 hours in advance of the meeting. To make arrangements, call the City Secretary's office at 972-216-6244 or TDD 1-800-735-2989.
  51. 46 Pursuant to Section 30.06, Penal Code (trespass by license holder with a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a concealed handgun.
  52. 47 Conforme a la Sección 30.06 del Código Penal (entrada ilegal de persona titular de licencia con arma de fuego oculta), personas con licencia segun el Sub-capitulo H, Capitulo 411, Código de Gobierno (ley de permiso para portar arma de fuego), no deben entrar a esta propiedad portando un arma de fuego oculta.
  53. 48 Pursuant to Section 30.07, Penal Code (trespass by license holder with an openly carried handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a handgun that is carried openly.
  54. 49 Conforme a la Sección 30.07 del Código Penal (entrada ilegal de persona titular de licencia con arma de fuego a la vista), personas con licencia segun el Sub-capitulo H, Capitulo 411, Código de Gobierno (ley de permiso para portar arma de fuego), no deben entrar a esta propiedad portando una arma de fuego a la vista.
  55. 50 Pursuant to Section 551.007 (c) of the Texas Local Government Code, any member of the public wishing to address the City Council through the use of a translator is granted at least twice the amount of time as a member of the public who does not require the assistance of a translator.